Investigation of complaints takes months

What would happen if a female athlete at the University of Maine filed a Title IX complaint today with the Department of Education’s office of Civil Rights?

Not much, for awhile.

According to Rodger Murphey, a spokesman for the DOE in Washington, D.C., the average investigation of a Title IX complaint as it pertains to college athletics takes from seven to 10 months to complete. Some take more than a year.

“These are comprehensive investigations that are manpower intensive,” said Murphey. “A lot of data has to be supplied by the institution; a complete analysis of that data must be done before scheduling an on-site investigation.”

Once an investigation moves to the on-site stage, Murphey said several investigators conduct in-depth interviews with every individual conceivably involved in the complaint. Athletic facilities might be measured. That data, in turn, is analyzed before a decision is rendered.

If an institution is found to be out of compliance by the OCR, it is generally given a period of time to reach compliance. How much time?

“It depends on what the problem is,” said Murphey. “What we do is obtain a compliance agreement (from the institution) and monitor it for up to two years.”

Is two years enough time?

“Again, it depends on the specifics of the case. If it’s a big facilities problem, it may take longer,” said Murphey.

According to Murphey, there were 32 complaints involving Title IX in college athletics filed in fiscal year 1991, the last year on which he has full data.

The results: Four cases were found to be outside the jurisdiction of the law, three were administratively closed for lack of complete information filed by the complainant, five were found to not be in violation, six had the violation corrected, six others were settled in mediation, and 12 cases remained open into 1992.

A complaint doesn’t have to go through the DOE. An individual may choose to sue through the legal system. That can be expensive, for both the complainant and the school, but it may also be a quicker remedy.

According to “Playing Fair, A Guide to Title IX” by Kathryn Reith of the Women’s Sports Foundation, an attorney can go to court and ask for a temporary restraining order, which can stop an athletic department from carrying out such actions as dropping a team.

If intentional discrimination on the basis of sex is found through the legal system, financial damages may be awarded to the individual filing the complaint.